M.Sahul Hameed vs The Commissioner Of Police
2022 Latest Caselaw 17629 Mad

                                                                           W.P.(MD)No.23951 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 15.11.2022

                                                              CORAM

                  THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                   W.P(MD)No.23951 of 2022

                M.Sahul Hameed                                                    ... Petitioner

                                                        Vs.

                1. The Commissioner of Police
                   Office of the Commissioner of Police
                   Trichy City

                2. The Inspector of Police
                   City Crime Branch
                   Trichy City                                                    ... Respondents

                Prayer: Writ Petition filed under Article 226 of Constitution of India, to
                issue a Writ of Mandamus, directing the second Respondent to take
                appropriate action on the Petitioner's complaint dated 28.04.2022 and
                complete the enquiry within the time frame as fixed by this Hon'ble Court


                                  For Petitioner      :Mr.D.Haroon Rasheed
                                  For Respondents :Mr.B.Nambiselvan
                                                      Additional Public Prosecutor
                                                              ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of

Mandamus, directing the second Respondent to take appropriate action

on the Petitioner's complaint dated 28.04.2022 and complete the enquiry

within the time frame as fixed by this Hon'ble Court

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23951 of 2022

2. Heard Mr.D.Haroon Rasheed learned Counsel for the

Petitioner and Mr.B.Nambiselvan, learned Additional Public Prosecutor

appearing for the Respondents.

3.In the Ruling of Division Bench of this Court in a batch of

Criminal Original Petitions reported in CDJ 2018 MHC 5100, in the

case of G.Prabakaran vs The Superintendent of Police, Thanjavur

District and another, it was stated that the Writ Petition seeking

direction to register the case cannot be ordered. Only Criminal Original

Petition under Section 482 of Cr.P.C., can be filed for a direction to

register the case. Also in the same judgment, it was stated that the

Complainant, before approaching this Court, in cases, where the Police

refused to register the case, has to exhaust the remedy available under

Section 156(3) Cr.P.C., by filing a Petition under Section 156(3) Cr.P.C.,

before the learned Judicial Magistrate Court concerned. Only the

learned Judicial Magistrate has to pass appropriate orders directing the

Police concerned to register a case and investigate. Even after such

direction, if the Police had not registered a case, then the Complainant

can approach this Court under Section 482 of Cr.P.C. seeking a direction

to register a case. For this, there shall be a reasonable time of 15 days or

one month from the date of the order passed by the learned Judicial

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23951 of 2022

Magistrate concerned for the Investigation Officer or the Police Officer to

register a case. Only after the expiry of 15 days or one month from the

date of order of learned Judicial Magistrate, the Complainant can

approach this Court under Section 482 Cr.P.C. seeking direction.

4.Instead of following the said guidelines, the Petitioner herein

had approached this Court straightaway seeking Writ of Mandamus.

Hence, this Writ Petition is not maintainable. Accordingly, this Writ

Petition is dismissed with liberty to the Petitioner to approach the

concerned Court as per the reported ruling of the Hon'ble Division

Bench of this Court. No costs.

                                                                           15.11.2022
                Index    : Yes / No
                Internet : Yes/No

                aav

                To

                1. The Commissioner of Police
                   Office of the Commissioner of Police
                   Trichy City

                2. The Inspector of Police
                   City Crime Branch
                   Trichy City

                3. The Additional Public Prosecutor

Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.23951 of 2022

SATHI KUMAR SUKUMARA KURUP,J.

aav

W.P(MD)No.23951 of 2022

15.11.2022

https://www.mhc.tn.gov.in/judis